State Act

The Chota Nagpur Tenancy Act,1908

21. Rights of occupancy-Raiyat in respect of use of land. - [(1)] When a Raiyat has a right of occupancy in respect of any land, he may use the land,- (a) in any manner which is authorised by local custom or usage, or (b) irrespective of any local custom or usage, in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy. [(2) Notwithstanding anything contained in any entries in the record-of-rights or any local custom or usage to the contrary, the following shall not be deemed to impair the value of the land materially or to render it unfit for purposes of the tenancy, namely,- (a) the manufacture of bricks and tiles for the domestic or agricultural purposes of the Raiyat and his family; (b) the excavation of tanks or the digging of wells or the construction of bandhs and ahars intended to provide a supply of water for drinking, domestic, agricultural or piscicultural purposes of the Raiyat and his family; and (c) the erection of buildings for the domestic or agricultural purposes or for the purposes of trade or cottage industries of the Raiyat and his family. (3) If an occupancy-Raiyat, who pays for his holding rent in any of the ways specified in sub-section (1) of Section 61, excavates a tank on such holding for any purpose mentioned in clause (b) of sub-section (2), the landlord's share shall be nine-twentieths and the Raiyats share shall be eleven-twentieths in the produce of such tank.]